K MAHESH Vs. JAYAPRIYA FINANCIERS

JUDGEMENT

(1.) THIS revision has been directed against the order passed in I.A.No,579 of 2006 in O.S.No.14 of 2004 on the file of the District Musiff-cum-Judicial Magistrate, Neyveli.

(2.) WHEN O.S.No.14 of 2004 was in a part heard stage, there was no representation for the revision petitioner / 1st applicant in I.A.No,579 of 2006. In spite of several adjournments being given to the defendants to cross-examine P.W.1, they have not availed the same. Under such circumstance, an exparte decree was passed in the suit on 04.11.2006. To set aside the exparte decree I.A.No,579 of 2006 was filed by the defendants. The learned trial Judge has allowed the said application, after considering the averments in the affidavit to the petition as well as the counter statement, on condition the applicants deposit Rs.10,000/- on or before 11.12.2007 to the credit of O.S.No.14 of 2004. Aggrieved by the said conditional order, the 1st defendant has preferred this revision.

(3.) IN fine, the Revision is allowed and the order passed in I.A.No,579 of 2006 in O.S.No.14 of 2004 on the file of the learned District Munsif-cum-Judicial Magistrate, Neyveli, is modified. The Revision petitioner is directed to deposit a sum of Rs.5,000/- instead of Rs.10,000/- on or before 20.04.2009 to the credit of EP.No,222 of 2005 in O.S.No.14 of 2004 on the file of the District Munsiff -cum- Judicial Magistrate, Neyveli, failing which the Revision shall deem to have been dismissed. Connected Miscellaneous Petition is closed. No costs.